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complicated ILR due to Corona virus

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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CR001
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Re: complicated ILR due to Corona virus

Post by CR001 » Tue May 12, 2020 4:16 pm

You cannot work for any other employer until you are granted ILR. Until HO make a decision on your ILR application, all your existing tier 2 visa conditions remain in force, ie. you can only work for your tier 2 sponsor.

Until you get ILR, you will have NO proof of the right to work for another employer other than your tier 2 sponsor.
Char (CR001 not Casa)
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Fcjl22
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Re: complicated ILR due to Corona virus

Post by Fcjl22 » Wed May 13, 2020 10:31 am

CR001 wrote:
Tue May 12, 2020 4:16 pm
You cannot work for any other employer until you are granted ILR. Until HO make a decision on your ILR application, all your existing tier 2 visa conditions remain in force, ie. you can only work for your tier 2 sponsor.

Until you get ILR, you will have NO proof of the right to work for another employer other than your tier 2 sponsor.
Hi, Thanks a lot for the answer. Do you know where I can find the relevant document for this? The problem is that my contract finishes by October and there is no extension on that. If I can't find a priority appointment for me ILR, I won't be able to work for any other employer before I get my desciion? That can be right over a year in the current situation.

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CR001
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Re: complicated ILR due to Corona virus

Post by CR001 » Wed May 13, 2020 10:43 am

It is contained in the immigration rules and section 3C clearly explains that your existing visa conditions continue while an application is pending, so in your case, if you leave your tier 2 sponsor, you cannot do any other work for anyone, not even the 20 hours a week supplementary employment.

https://www.gov.uk/government/publicati ... d-3d-leave
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Fcjl22
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Re: complicated ILR due to Corona virus

Post by Fcjl22 » Wed May 13, 2020 1:17 pm

CR001 wrote:
Wed May 13, 2020 10:43 am
It is contained in the immigration rules and section 3C clearly explains that your existing visa conditions continue while an application is pending, so in your case, if you leave your tier 2 sponsor, you cannot do any other work for anyone, not even the 20 hours a week supplementary employment.

https://www.gov.uk/government/publicati ... d-3d-leave
Thanks a lot for the document. I understand it now. in this case, am I able to switch jobs with the same employer? Becasue my current contract is fixed termed, there is no way I could continue with the same job while waiting for the desicion. I don't think UKVI cares anything about people out of job, right? Thank you again for your help.

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Re: complicated ILR due to Corona virus

Post by CR001 » Wed May 13, 2020 1:51 pm

Fcjl22 wrote:
Wed May 13, 2020 1:17 pm
CR001 wrote:
Wed May 13, 2020 10:43 am
It is contained in the immigration rules and section 3C clearly explains that your existing visa conditions continue while an application is pending, so in your case, if you leave your tier 2 sponsor, you cannot do any other work for anyone, not even the 20 hours a week supplementary employment.

https://www.gov.uk/government/publicati ... d-3d-leave
Thanks a lot for the document. I understand it now. in this case, am I able to switch jobs with the same employer? Becasue my current contract is fixed termed, there is no way I could continue with the same job while waiting for the desicion. I don't think UKVI cares anything about people out of job, right? Thank you again for your help.
If you change to a different SOC with the same company, you would still have to meet all the tier 2 requirements to change job and SOC.

No, HO don't really care about you being out of a job because you are not applying for ILR based on Tier 2.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Fcjl22
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Re: complicated ILR due to Corona virus

Post by Fcjl22 » Fri May 22, 2020 1:30 pm

CR001 wrote:
Wed May 13, 2020 1:51 pm
Fcjl22 wrote:
Wed May 13, 2020 1:17 pm
CR001 wrote:
Wed May 13, 2020 10:43 am
It is contained in the immigration rules and section 3C clearly explains that your existing visa conditions continue while an application is pending, so in your case, if you leave your tier 2 sponsor, you cannot do any other work for anyone, not even the 20 hours a week supplementary employment.

https://www.gov.uk/government/publicati ... d-3d-leave
Thanks a lot for the document. I understand it now. in this case, am I able to switch jobs with the same employer? Becasue my current contract is fixed termed, there is no way I could continue with the same job while waiting for the desicion. I don't think UKVI cares anything about people out of job, right? Thank you again for your help.
If you change to a different SOC with the same company, you would still have to meet all the tier 2 requirements to change job and SOC.

No, HO don't really care about you being out of a job because you are not applying for ILR based on Tier 2.
Hello again. Since the period has just been extended to 31 July, my wife is eligile to apply for her T5 visa. She was just given the advice by the coronavirus helpline that she can switch in the uk. She just need to choose the "extend" option as there is no way to submit an application for T5 in UK at the moment. My question is

Since the corona webpage said you can start working when you have submited your T2 or T5 application, if I am appliying at the same time as her PBS dependant, am I able to work while waiting for the decision? I understand that when my current T2 visa expires on 13 July, I will be on 3C leave and my current T2 terms should apply? And also, I am expecting to change my job in the next few months. It is such an uneasy period of time.

Sorry, I don't know if I should post this in the T5 section or stick to my origianal post. Thank you again for your help.

Fcjl22
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Re: complicated ILR due to Corona virus

Post by Fcjl22 » Fri May 22, 2020 2:59 pm

Zimba wrote:
Mon May 11, 2020 3:41 pm
I have to repeat myself over and over here which I think is not productive anymore. As I repeated several times you can vary any pending application at any time. Your wife's application does not change as long as her application remains pending. No one becomes illegal due to a side effect. That is not how things work. I suggest to wait until UKVCAS opens up and then vary.
Hello again. Can I vary an application twice? I think it is ok, but just would like to double check. My current situation is that I am still waiting for my job extension letter which the employer has been preparing for a few months. My wife is now suggested that she can switch from PBS dependant to T5 within UK but she just need to use the "extend" option when she apply. Her cos is expering on 30/05/2020. I am thinking to apply as her dependant now in case my extension got delayed or even cancelled due to the current situation. What would you suggest if I get my T2 extension after I applied as her dependant? Do I vary to my T2 visa or just wait until UKVCAS reopens and apply for my ILR? I believe premium appointments should be availible together with UKVCAS? and our T5 application should still be pending at that time? Thank you again for your help.

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